Bill Text For SB0036 - Engrossed Amendments

 1|ENGROSSED HOUSE AMENDMENT                                              |
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 2|ENGROSSED SENATE BILL NO. 36         By: Dahm of the Senate            |
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 3|                                         and                           |
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 4|                                         Echols of the House           |
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 7|       An Act relating to the Oklahoma Open Records Act;               |
  |       amending 51 O.S. 2021, Section 24A.8, as amended by             |
 8|       Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp.               |
  |       2022, Section 24A.8), which relates to disclosure of            |
 9|       law enforcement records; requiring disclosure of                |
  |       recordings from certain equipment; and declaring an             |
10|       emergency.                                                      |
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16|AUTHOR: Remove Representative Echols as principal House author and     |
  |        substitute with Representative West (Kevin)                    |
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18|        Add the following House coauthor: Randleman                    |
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19|AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill   |
  |                  and insert:                                          |
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22|       "An Act relating to education; permitting school                |
  |       districts to employ or accept volunteer chaplains;              |
23|       clarifying certification requirements; directing for            |
  |       background check; prohibiting certain individuals               |
24|       from employment or volunteering; providing reasons              |
  |       for dismissal; clarifying that students and their               |
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 1|       parents may or may not decide to use chaplain                   |
  |       services; prohibiting proselytizing; defining term;             |
 2|       requiring chaplains to complete or possess certain              |
  |       degrees; authorizing chaplains to obtain                        |
 3|       ecclesiastical endorsements; providing specific                 |
  |       requirements for attestation; providing for                     |
 4|       codification; and providing an effective date.                  |
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 7|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 8|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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 9|in the Oklahoma Statutes as Section 1210.205 of Title 70, unless       |
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10|there is created a duplication in numbering, reads as follows:         |
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11|    A.  A school district may employ or accept one or more volunteer   |
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12|chaplains to provide support, services, and programs for students as   |
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13|assigned by the governing body of the school.  A chaplain employed     |
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14|or volunteering under this act is not required to be certified by      |
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15|the State Department of Education.                                     |
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16|    B.  A school district shall conduct a background check before      |
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17|employing or accepting as a volunteer any chaplain.  The background    |
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18|check shall be in accordance with Section 5-142 of Title 70 of the     |
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19|Oklahoma Statutes and volunteers shall be treated as employees for     |
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20|purposes of this subsection.                                           |
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21|    C.  A school district shall not employ or accept as a volunteer    |
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22|a chaplain who has been convicted of or is a defendant for an          |
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23|offense that requires the defendant to register as a sex offender.     |
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24|No chaplain shall be employed or accepted as a volunteer if the        |
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 1|chaplain has been convicted or has received a deferred sentence in     |
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 2|this state, another state, district or territory of the United         |
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 3|States for a felony offense or for an offense listed in Section        |
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 4|6-101.41 of Title 70 of the Oklahoma Statutes.                         |
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 5|    D.  A chaplain may be dismissed for:                               |
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 6|    1.  Mental or physical abuse to a child;                           |
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 7|    2.  Negligent endangerment of a child; or                          |
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 8|    3.  Commission of an act of moral turpitude.                       |
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 9|    This list is not exhaustive and a school district may dismiss an   |
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10|employed or volunteer chaplain if, for any reason, it believes the     |
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11|chaplain's presence could lead to harm.                                |
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12|    E.  It is solely the decision of the individual student and        |
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13|their parents whether to seek the support or services of a chaplain.   |
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14| All students are welcome to utilize a chaplain, but no student may    |
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15|be required to do so.  Parents shall be allowed the opportunity to     |
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16|opt their child out of chaplain services.                              |
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17|    F.  Chaplains employed or volunteering with a school district      |
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18|are prohibited from proselytizing while working or volunteering        |
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19|during school hours or other school functions.  Proselytizing shall    |
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20|mean the action of attempting to convert someone from one religion,    |
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21|belief, or opinion to another.                                         |
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22|    G.  For purposes of this act, a chaplain shall be a person who     |
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23|obtains an ecclesiastical endorsement from their faith group           |
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24|certifying that such chaplain is:                                      |
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 1|    1.  A minister, rabbi, priest, imam, lay leader, or similar        |
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 2|functionary of the faith group;                                        |
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 3|    2.  Qualified morally, intellectually, and emotionally to serve    |
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 4|as a chaplain; and                                                     |
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 5|    3.  Sensitive to religious pluralism and able to provide for the   |
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 6|free exercise of religion by all students.                             |
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 7|    H.  Chaplains shall complete or possess a baccalaureate degree,    |
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 8|completing one hundred twenty (120) semester hours, a graduate         |
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 9|degree in theological or religious studies, and at least seventy-two   |
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10|(72) hours in graduate work.  Both degrees shall be from accredited    |
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11|universities.                                                          |
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12|    I.  Chaplains shall be able to obtain a federally recognized       |
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13|ecclesiastical endorsement from their denomination or faith group      |
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14|for employment or volunteer service.  The endorsement shall attest     |
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15|that:                                                                  |
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16|    1.  The chaplain is an ordained minister or member in good         |
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17|standing of the respective denomination or body;                       |
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18|    2.  The denomination approves of the chaplain serving as an        |
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19|employee or volunteer with the school district;                        |
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20|    3.  The chaplain is qualified morally, intellectually, and         |
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21|emotionally to serve as a chaplain; and                                |
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22|    4.  The chaplain is sensitive to religious pluralism and is able   |
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23|to provide for the free exercise of religion by all students,          |
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24|families, and school employees.                                        |
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 1|    SECTION 2.  This act shall become effective November 1, 2024."     |
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 2|    Passed the House of Representatives the 24th day of April, 2024.   |
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 5|                                  Presiding Officer of the House of    |
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 7|    Passed the Senate the ____ day of __________, 2024.                |
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10|                                  Presiding Officer of the Senate      |
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